A costs order against an applicant for an apprehended personal violence order under s 99 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) cannot be made unless the court has positively found the application to be frivolous or vexatious within s 99(3); a general 'costs follow the event' approach is insufficient. On a rehearing appeal, the District Court must make its own finding on this statutory precondition and cannot merely infer that the Local Court made such a finding.
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